Revolutionary War Pension and Bounty Land Warrant Application File R. 3437, Obediah Farley, Va.

SERVICE
NUMBER
Va.
Farley, Obediah
R. 3437
CONTENTS

The State of Alabama } Shelby County } s.s. County Court. August Term 1832
On this 20 th day of August personally appeared in open Court before Leonard Tarrant Judge of the County Court of the County of Shelby now sitting Obediah Farley a resident of the County and State aforesaid aged about seventy five years, who being first duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832 - That he entered the service of the United States under the following named officers and served as herein stated. That he was drafted in the Militia in Virginia in the month of August 1777 - under Edmund Booker as Captain, for a tour of three months, in Amelia County Virginia - That in 1779 he joined the service as a volunteer, under Col. Lynch Robert Lawson Brigadier General, and Thomas Arthur commanded the company to which he belonged - That the British Army under the Command of Cornwallis was then between Portsmouth and Williamsburg - That Applicant joined the service in Bedford County Virginia, That he marched to Petersburg, that news was received that the English Army had embarked and sailed for Charleston - That the regiment to which he belonged was then marched back to Bedford County and all discharged - That he was out on that tour forty two days - was in no engagement of any kind - That his discharge he gave up in the payment of his taxes - That in was under a law for the payment of the expenses of the war and he got his allowance of six pence per day for his discharge -
That he was again drafted in September 1781 in Bedford County where he then resided - That John Trigg was his Captain - That the headquarters were then at Yorktown to which place they were ordered - That they joined a Regiment under the command of Col. Tucker in Genl. Lawrence Brigade - That Tucker's Regiment was a broken regiment and they were joined to it to fill it out - That the Regiment crossed James River at James Town on the day that the Americans took Pigram hills that they heard the firing at Jamestown the fifty miles distant - That previous to their being attached to Tucker's Regiment he was

2 under the Command of Col: Leftridge, that he had but four companies, all of which were placed under Col: Tucker and Col: Leftridge left the service that he was stationed on the south west side of the river and continued there twenty two days and till the surrender of Cornwallis - That after the surrender he was one of twelve discharged on account of sickness and the remainder marched to Washington - That this discharge he also gave up in the payment of taxes - That he was present at the surrender which took place in old field about two hundred yards from the fort - That while they were building a battery four of his company were wounded by the bursting of a shell - And in a few minutes after fifteen men, regulars under the command of Genl: Wayne sent to relieve them were shot down - Genl: Washington's head quarters were about two miles from the fort towards Williamsburg - Applicant was stationed about three fourths of a mile further down - And the French troops under Genl: Lay Fayette rather between the two places - And Genl: Wayne commanded still lower down nearer the junction of the two rivers -
Applicant further states that during the siege of Yorktown the British troops under Tarleton were on the north east side of the river and Cornwallis on the other side opposite -
Applicant states that he has no documentary evidence by which to establish his claim, having given up his discharge as before stated - That he now knows of no person whose testimony he can procure who can testify to his service That his associates he left in Virginia and knows not if any are living - That he has a brother living but so far that he cannot get his testimony -
He hereby relinquishes every claim to a pension or annuity except the present, and declares that his name is not on the pension rolls of the agency of any state
Sworn to and subscribed 3 the day and year aforesaid 3
We James Walker a 65 years old residing in the County of Shelby and State of Alabama and A. B. Harris residing in the same hereby certify that we are well acquainted with Phileah Farley who has subscribed and sworn to the above declaration, that we believe him to be twenty five years old that he is respected and beloved in his neighborhood where he resides to have been a soldier of the Revolution and

that we concur in that opinion 3 sworn and subscribed the day of And year aforesaid
James Walker O.B. Havis
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary soldier and served as he stated - And the Court further certify that it appears to them that who James Walker is who has signed the preceding certificate is a clergyman resident in the County of Shelby Alabama and that O.B. Havis - who has signed the same is a resident in said County and is a credible person And that their statement is entitled to credit.
Leonard Harrant Judge of the County Court
I O.B. Havis Clerk of the Court of Shelby County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Obediah Farley for a pension In testimony whereof I have hereunto set my hand and seal of Office this 20 th day of August 1832 O.B. Havis Clerk
Answers to the ten interrogatories propounded by the court pursuant to the form prescribed by the War Department
Answer 1 st I was born Mar: 7. 1757 - in Amelia County Virginia -
Answer 2 d The record of my birth, I have in my bible - copied from an entry made by my father in his
Answer 3 d When first called into service I was living in Amelia County Virginia - Afterwards in Bedford County Virginia - In 1789 I left Bedford County and moved to Washington County Tennessee and afterwards to Fries County where I resided till 1819 when I removed to Shelby County Alabama where I now live.
Answer 4 th I was drafted in Amelia for three months - for my second tour I volunteered in Bedford, and was afterwards again drafted and marched to Yorktown -
Answer 5 th I knew Genl. Washington - Genl. La Fayette and Genl. Wayne at the siege of Yorktown - During our first tour Genl. Muhlenburg commanded - Genl. Robt. Lawson the second and third - and at the siege of York - Genl. Gage was our surgeon - In addition to my other service I was once ordered to G.B. but turned back for off duty from Genl. Green, Cornwallis having left the place - and immediately afterwards I was ordered to Guilford and had

drawn provisions and marched thirty 4 miles and was again stopped by order from Genl. Green - the battle having been fought the day before.
Answer 6 th I was twice discharged my first was signed by Capt. Thomas Arthur - my second was signed by Capt. John Frigg - this last was at Yorktown - I gave them up in payment of taxes -
Answer 7 th James Walker O.B. Havis Saml. H. Alexander & and E. H. about questions by the Court prosequenda to the above names in individuals
5796 Are you acquainted with the general character of applicant for truth and veracity in you is he entitled to credit in a Court of Justice when on oath. and is he esteemed and reputed a soldier of the Revolution and has the fact ever been disputed answer. we are all acquainted with the character of applicant and believe him entitled to credit either with or without the sanction of an oath - he is esteem- -ed and reputed by his neighbors as a soldier of the Revolution and that fact has to our knowledge has never been disputed -
James Walker O.B. Havis Saml. H. Alexander and E. H. about
The State of Alabama Shelby County ss I Leonard Tarrant presiding Judge do hereby declare my Opinion that the facts established by the Examination of the Applicant and his Witnesses are true and and entitled to the fullest credit
Given under my hand on this 22 day of August A.D. 1832
Leonard Tarrant Judge of the County Court

STATE OF ALABAMA. JOHN GAYLE, GOVERNOR OF SAID STATE,
TO ALL TO WHOM THESE PRESENTS SHALL COME.
Know Ye, That Leonard Tarrant whose signature appears to the foregoing & annexed certificate was at the time of signing the same Judge of the County Court of Shelby County State aforesaid - which said Court is a court of record
THEREFORE, all due faith, credit, and authority are, and ought to be had and given. to all his Official acts as such In testimony whereof, I have hereunto set my hand and caused the Seal of the State to be affixed. Done at the Capitol in Tuscaloosa, this the 15 day of April in the year of our Lord one thousand eight hundred and thirty- three and of the Independence of the United States of America the fifty- seventh
BY THE GOVERNOR.
James Thornton
John Gayle SECRETARY OF STATE

Act 7. June 1832
Rejected
See letter 24 th May 1833
To Hon. S. W. Mardis
Montevallo
(S. W.) Alabama.

Acts of July 14, 1862, and March 3, 1873.
343 u
REJECTED
P. O.
Obadiah Farley
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Obadiah Farley
Adial Farley
3437
Lydia Farley Adial Farley Hon S. W. May

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Madison Farley of Shelby Co Alabama which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?  yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes  No

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, how are they answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.